HIGGINS-KIEFFER, INC. v. STATE


165 Misc.2d 425 (1995)

627 N.Y.S.2d 513

Higgins-Kieffer, Inc., Claimant, v. State of New York, Defendant. (Claim No. 90831.)

Court of Claims.

April 7, 1995


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Arthur Patane of counsel), for defendant. Gross, Shuman, Brizdle & Gilfillan, P. C., Buffalo (Peter S. Gilfillan of counsel), for claimant.


LOUIS C. BENZA, J.

Motion by defendant for an order of dismissal.

In 1992 claimant corporation was the general contractor in charge of building an elementary school, and Torgalski Concrete, Inc. (Torgalski) was subcontracted to perform the concrete work. Torgalski, in turn, purchased the concrete used on the project from another company, Paul Riefler, Inc. (Riefler). On September 25, 1992 claimant paid...

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